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(영문) 대구지방법원 2015.11.19 2015고단4889
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On July 8, 2013, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Daegu District Court on July 8, 2013, and on March 13, 2015, the Defendant issued a summary order of KRW 4 million to a fine for a violation of the Road Traffic Act at the Seo branch court of the Daegu District Court on March 13, 2015.

【Criminal Facts】

On September 26, 2015, the Defendant, without obtaining a driver’s license at around 03:10 on September 26, 2015, driven a Csch Rexn car at a section of about 50 meters from the front of the AMF convenience store in Daegu-gu, Daegu-gu, 40% of alcohol level, while under the influence of alcohol at around 0.120%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of drinking drivers, and notification of the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous conviction: Application of a copy of summary order;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (no person who has been convicted of a stay of execution or a heavier punishment for the same crime);

1. It shall be decided as ordered on the grounds of probation, order to attend a lecture, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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